Agenda and minutes

Licensing Committee - Tuesday, 4th September, 2018 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  37 88662

Items
No. Item

39.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

 

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals against the refusal of inspection of documents.

40.

Exempt Information - Possible Exclusion of the Press and Public

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

 

2  To consider whether or not to accept the officers recommendation in respect of the above information.

 

3  If so, to formally pass the following resolution:-

 

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

 

Minutes:

That, in accordance with Regulation 4 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during consideration of the following parts of the agenda designated as exempt on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:-

 

Policing and the Night Time Economy – The report was deemed exempt from publication in accordance with Access to Information Rule 10.4 (3) as it included information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. In those circumstances, the public interest in maintaining the exemption outweighed the public interest in disclosing the information. (Minute No. 50 refers)

 

 

41.

Late Items

To identify items which have been admitted to the agenda by the Chair for consideration

 

(The special circumstances shall be specified in the minutes)

 

Minutes:

Although not a late item the Committee did accept the inclusion of supplementary information in respect of Item No.10, “Policing and the Night Time Economy”, Minute No.50 referred.

42.

Declaration of Disclosable Pecuniary Interests

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

 

Minutes:

There were no declarations of disclosable pecuniary interests made at the meeting.

43.

Apologies for Absence

To receive apologies for absence (If any)

Minutes:

Apologies for absence were received from Councillors: B Gettings and K Groves.

44.

Minutes of the Previous Meeting pdf icon PDF 63 KB

To consider and approve the minutes of the previous meeting held on 14th August 2018.

 

 

(Copy attached)

Minutes:

The Minutes of the previous meeting held on 14th August 2018 were submitted for consideration/ approval.

 

Councillor A Garthwaite said although her apologies had been sent they appeared to have not been recorded.

 

RESOLVED – That with the inclusion of the above, the Minutes of the meeting held on 14th August 2018 be accepted as a true and correct record.

45.

Matters Arising from the Minutes

To consider any Matters Arising from the Minutes

Minutes:

There were no issues raised under matters arising.

46.

Taxi & Private Hire Licensing - Review of Vehicle Conditions in relation to the Clean Air Zone (CAZ) Proposals pdf icon PDF 115 KB

To consider a report by the Chief Officer Elections and Regulatory which seeks to amend the previously agreed review schedule for taxi and private hire licensing policy and conditions to allow an earlier review of some hackney carriage and private hire vehicle policies and conditions. The report also highlights the need for a revised timetable for the remaining vehicle policies and conditions which will be submitted to Licensing Committee for approval in due course.

 

The Committee are also requested to approve the establishment of a Members’ Working Group to review the hackney carriage and private hire vehicle conditions as referred to in paragraph 3.3 of the submitted report.

 

 

(Report attached)

 

 

Minutes:

  The Chief Officer Elections and Regulatory submitted a report which sought an amendment to the previously agreed review schedule for taxi and private hire licensing policy and conditions to allow an earlier review of some hackney carriage and private hire vehicle policies and conditions as a consequence of proposals to establish a Clean Air Zone (CAZ) for Leeds.

It was reported that a revised timetable for the remaining vehicle policies and conditions would be submitted to Licensing Committee for approval in due course. 

Members raised the issue of out of town hackney carriage and private hire vehicles entering the CAZ and queried how such vehicles would be identified and charged

In responding the executive member responsible said that vehicles would be identified through the establishment of a National Database for hackney carriage and private hire vehicles which should be operational by 2020.

In the event of a National Database not being established, Members asked if local authorities would establish their own databases.

In responding the Chief Officer Elections and Regulatory said it was not intended that local authorities would establish their own systems.  However, if it became apparent that the government’s national database would not be established in time, the west Yorkshire and York authorities would be able to share information on licensed vehicles quite quickly.

Referring to cross border working and proposals for the harmonisation of standards, Members queried if any progress had been achieved in reaching an agreement.

The Taxi & Private Hire Licensing Manager said that a programme of 5 – 6 issues had been identified around harmonisation but some aspects for Leeds in particular would be challenging due to the CAZ proposals. Conditions around vehicle safety were progressing and it was anticipated that agreement could be reached early in the New Year. It was also reported that a Driver Convictions Policy was also close to agreement. 

 

Member’s queried if out of town drivers would adopt the same high standards as in place in the West Yorkshire area? how was this being achieved and had Ministers been lobbied?

 

The Taxi & Private Hire Licensing Manager confirmed that Leeds had lobbied Central Government to push for national minimum standards, with Leeds MPs also supporting this action.

 

The Chair suggested that it may be useful to circulate to Members the letter sent to the Parliamentary Under Secretary of State for Transport seeking the introduction of new taxi and private hire legislation.

 

RESOLVED

 

(i)  To approve the establishment of a Vehicle Conditions Working Group to review the hackney carriage and private hire vehicle conditions as listed in paragraph 3.2 of the submitted report 

(ii)  That the letter sent to the Parliamentary Under Secretary of State for Transport seeking the introduction of new taxi and private hire legislation be circulated to all Members of the Committee

                 

 

47.

Gambling Act 2005 Statement of Licensing Policy pdf icon PDF 35 KB

To consider a report by the Chief Officer Elections and Regulatory which provides details of the consultation responses and the council’s proposed changes (as set out in Appendix No. 1) and the amended Statement of Licensing Policy, with track changes (Appendix No. 2) for their information.

 

 

(Report attached)

 

 

 

 

 

 

 

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report indicating that a

Review of the Gambling Act 2005 Statement of Licensing Policy was now complete. It was reported that the consultation responses and summary of changes were set out in Appendix 1 of the submitted report, the final Policy was included at Appendix 2. The Gambling Act 2005 Statement of Licensing Policy would now continue on the budget and policy framework and would be presented to Scrutiny Panel in October and Council in November.

The Chair expressed her thanks to all the officers concerned in undertaking the review.

 

RESOLVED – That the contents of the report be noted, including the responses and the amended Policy.

48.

Licensing Committee Work Programme 2018/19 pdf icon PDF 58 KB

To consider the contents of the Licensing Committee Work Programme for 2018/19.

 

 

(Report attached)

Minutes:

Members considered the contents of the Licensing Committee Work Programme for 2018/19.

 

 

RESOLVED – To approve the contents of the Licensing Committee Work Programme for 2018/19.

49.

Date and Time of Next Meeting

To note that the next meeting will take place on Tuesday, 2nd October 2018 at 10.00am in the Civic Hall, Leeds.

Minutes:

RESOLVED – To note that the next meeting will take place on Tuesday, 2nd October 2018 at 10.00am in the Civic Hall, Leeds.

50.

POLICING AND THE NIGHT TIME ECONOMY pdf icon PDF 87 KB

 

To receive a presentation from Sergeant Martin Mynard, West Yorkshire Police on the issues of “Policing and the Night Time Economy”

 

 

(Report attached)

 

Additional documents:

Minutes:

Members received a Presentation from Sergeant Martin Mynard, West Yorkshire Police, who spoke about Policing and the night time economy.

 

A summary of the issues/ incidents involving licensed premises principally in City Centre was presented.

 

(Due to the confidential nature of the information being presented, this part of the meeting was held in closed session)

 

The Chair thanked Sergeant Mynard for his attendance and presentation commenting that the session had been informative and interesting.

 

On a related matter Members discussed the possibility of restricting pedestrian access to some alleyways and through routes at night, suggesting that such temporary closures may assist in the prevention of crime.

 

Member were informed that temporary closure of such routes may be a conflict of planning consent.

 

It was suggested that the issue be taken up with the Executive Member(s) responsible.

 

RESOLVED –

 

(i)  That the contents of the presentation be noted

 

(ii)  That a further presentation on policing and the night time economy be scheduled for March 2018.

 

(iii)  That the issue of temporary closure of some alleyways and through routes at night be referred to the Executive Member responsible